Section 1373 — Corporations Act 2001 (Cth)

If:

(a) a law of a State or Territory in this jurisdiction had effect before the commencement:

(i) to take or deem something to have happened or to be the case, or to have a particular effect, under or for the purposes of the old corporations legislation of that State or Territory (or a provision of that legislation); or

(ii) to give something an effect for the purposes of the old corporations legislation of that State or Territory (or a provision of that legislation) that it would not otherwise have had; and

(b) that effect was continuing immediately before the commencement;

this Part applies as if that thing had actually happened or were actually the case, or as if that thing actually had that other effect.

Note: So, for example, if a provision of the old corporations legislation, or another law, of a State or Territory in this jurisdiction took a company to be registered under Part 2A.2 of the old Corporations Law of the State or Territory, this Part applies as if the company were actually registered under that Part.

Related sections

• s 1370 — Object of Part
• s 1371 — Definitions
• s 1372 — Relationship of Part with State validation Acts
• s 1374 — Existence of several versions of old corporations legislation does not result in this Part operating to take same thing to be done several times under new corporations legislation etc.
• s 1375 — Penalty units in respect of pre‑commencement conduct remain at $100
• s 1376 — Ceasing to be a referring State does not affect previous operation of this Part

Research how courts apply s 1373

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.